IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DATE MAILED December 16, 2002

PETER KEENAN : CIVIL ACTION

:

v. :

:

UNUM PROVIDENT CORPORATION, : No. 02-4420

et al.

N O T I C E

 This case has been assigned to Judge Anita B. Brody.

ANY NONGOVERNMENTAL CORPORATE PARTY SHALL FILE FORTHWITH

A STATEMENT WITH THE COURT (WITH A COPY TO CHAMBERS)

IDENTIFYING ALL ITS PARENT CORPORATIONS AND LISTING ANY

PUBLICLY HELD COMPANY THAT OWNS 10% OR MORE OF THE

PARTY'S STOCK. A PARTY SHALL SUPPLEMENT THE STATEMENT

WITHIN A REASONABLE TIME OF ANY CHANGE IN THE

INFORMATION.

 1. A pretrial scheduling conference as described in

Fed. R. Civ. P. 16 (a), (b) and (c) and Local R. Civ. P. 16.1 (a)

and (b) will be held in chambers Tuesday, January 7, 2003 at 4:15

p.m.. Unless otherwise specified, Judge Brody will follow the

procedure at the conference as outlined in the federal and local

rules.

 2. Not later than 3 days prior to the conference,

counsel must submit to the court a joint Proposed Discovery Plan

under Rule 26(f). Disagreements concerning the timetable of

discovery or other discovery-related matters must be highlighted in

bold-face type. For assistance in developing the Proposed Discovery

Plan counsel shall follow the example set forth in Attachment A. 

 3. Motions to dismiss, transfer, add parties and other

threshold motions should be filed, whenever possible, before the

conference. 

 4. Prior to the conference, counsel shall evaluate the

case for settlement purposes. Plaintiff's counsel shall make a

demand on opposing counsel no later than five days prior to the

conference. Defense counsel shall respond to the demand no later

than one day prior to the conference. All counsel shall arrive at

the conference with settlement authority from the client and

Case 2:02-cv-04420-AB Document 13 Filed 12/16/2002 Page 1 of 5
arrange for the client to be available by telephone for the

duration of the conference. 

 5. Unless the factual or legal issues are complex, the

conference will last approximately thirty minutes. Judge Brody

expects trial counsel to attend this conference. If unable to

attend, trial counsel must appoint other counsel familiar with the

case to attend the conference. Trial counsel shall notify Judge

Brody and opposing counsel of a substitute appearance at the

earliest possible date.

 6. At the conference the following matters will be

considered (See Fed. R. Civ. P 16(b) and (c) and Local R. Civ. P.

16(b)):

 (a) jurisdictional defects, if any; 

 (b) prospects for amicable settlement;

 (c) setting date for limiting time to join other 

 parties, to amend pleadings, to file 

 dispositive motions and to complete 

discovery;

 (d) setting a date for entering the trial pool;

 (e) establishing schedules for remaining pretrial

 proceedings, including pretrial memoranda

 filings, exchange of exhibits, exchange of

 expert reports, etc; and

 (f) any other matters.

 7. The parties should be prepared at the conference to

argue all outstanding motions.

 8. In an uncomplicated case, Judge Brody will set the

discovery deadline for between 90 and 120 days after the

conference. Discovery shall be served, noticed and completed by the

discovery deadline. Requests for extension of discovery deadlines

or trial pool entry dates may be made by letter, stating the

reasons and noting the agreement or disagreement of all other

counsel, or by telephone conference with all counsel participating.

 9. All cases that are arbitrated through court-annexed

arbitration will be immediately placed in the trial pool.

 10. Counsel must submit TWO courtesy copies to chambers

of all papers filed with the clerk. Note: This requirement also

applies in ECF cases. The submissions to chambers must be in hard

Case 2:02-cv-04420-AB Document 13 Filed 12/16/2002 Page 2 of 5
copy accompanied by a 3" floppy disc.

11. Your case has been assigned to:

 Law Clerk Tom Sullivan,thomas_sullivan@paed.uscourts.gov

 

 Law Clerk Sabrina Fève, sabrina_feve@paed.uscourts.gov

 Law Clerk Hannah Rogers,hannah_rogers@paed.uscourts.gov

12. Counsel are reminded that all submissions given

directly to Judge Brody in the courtroom or chambers must also be

filed by counsel with the Clerk of the Court to assure proper

docketing. 

13. Judge Brody's Polices and Procedures can be accessed

via the U.S. District Court's website at www.paed.uscourts.gov.

 Throughout the course of the litigation, counsel shall

provide the courtroom deputy clerk, Jim Scheidt, with a current

telephone and FAX number(s). 

______________________

Marie O'Donnell

Calendar Deputy to

Judge Brody (Room 7613)

(215) 597-3978

cc: Jonathan Wheeler, Esq.

 Andrew F. Susko, Esq.

 John J. Hatzell, Jr., Esq.

 

 

Case 2:02-cv-04420-AB Document 13 Filed 12/16/2002 Page 3 of 5
 

 Attachment A - Proposed Discovery Plan Under Rule 26(f)

I. Rule 26(a) Disclosures

Counsel anticipate completing the self-executing

disclosures on ,as required

by Rule 26(a).

II. Discovery Subjects and Timetable for Discovery

(A) Counsel agree that the subjects for discovery

include:

(i)

(ii)

(iii) . . .

(B) Counsel also agree upon the following discovery 

 timetable: 

 (a) Close of all discovery ______________

 (b) Close of fact discovery 

 (c) Expert reports due ; Rebuttal 

 reports due ; depositions of 

 all experts to be completed by: .

 (d) Dispositive motions due: .

 (e) Exchange of exhibits due: .

 (f) Plaintiff's pre-trial memorandum due: .

 (g) Defendant's pre-trial memorandum due: .

 (h) All motions in limine due: .

 (i) All responses to motions in limine due: .

 

Case 2:02-cv-04420-AB Document 13 Filed 12/16/2002 Page 4 of 5
 (j) A Daubert or Markman hearing shall be held .

 (k) Final pre-trial conference to be held: ______.

III. Changes in Limitations on Discovery

Counsel agree that discovery should be conducted in

accordance with the parameters set forth in the Federal Rules of

Civil Procedure, subject to modification by agreement of the

parties or by Court order, as necessary under the circumstances.

IV. Alternative Dispute Resolution

(A) type of ADR, settlement conference etc.

(B) timing of ADR

(C) unless otherwise recommended, a settlement conference

 will be scheduled upon the close of all discovery.

V. Other Issues

(e.g. protective orders, etc.)

Signed,

 

Counsel for Plaintiff

 

Counsel for Defendant

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